37 CFR § 1.705 — Patent term adjustment (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.705 Patent term adjustment
This page consolidates MPEP guidance interpreting 37 CFR § 1.705, including 173 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
The Patent Term Adjustment (PTA) is a mechanism that compensates applicants for delays caused by the USPTO during prosecution, but requests for reconsideration must be filed within strict deadlines.
What this section covers
- This section covers the procedures and requirements for requesting reconsideration of patent term adjustments indicated in the notice of allowance or patent.
Key obligations
- File a request for reconsideration with supporting evidence if you believe the patent term adjustment was incorrectly calculated.
- Provide a detailed explanation and evidence to support your request for reconsideration, as required by 37 CFR 1.705.
- Adhere to the specific time limits and procedural requirements set forth in 37 CFR 1.705 for filing a request for reconsideration.
Practice notes
- Ensure that all evidence and arguments are clearly presented to support the request for reconsideration.
- Be aware that missing the deadline for filing a request for reconsideration can result in the patent term adjustment becoming final and unchangeable.
Official MPEP § 1.705 — Patent term adjustment
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.705 Patent term adjustment determination.
[Editor Note: Paras. (a)-(d) below include amendments applicable only to patents granted on or after January 14, 2013 *]
- (a) The patent will include notification of any patent term adjustment under 35 U.S.C. 154(b) .
- (b) Any request for reconsideration of
the patent term adjustment indicated on the patent must be by way
of an application for patent term adjustment filed no later than
two months from the date the patent was granted. This two-month
time period may be extended under the provisions of §
1.136(a)
. An
application for patent term adjustment under this section must be
accompanied by:
- (1) The fee set forth in § 1.18(e) ; and
- (2) A statement of the facts
involved, specifying:
- (i) The correct patent term adjustment and the basis or bases under § 1.702 for the adjustment;
- (ii) The relevant dates as specified in §§ 1.703(a) through (e) for which an adjustment is sought and the adjustment as specified in § 1.703(f) to which the patent is entitled;
- (iii) Whether the patent is subject to a terminal disclaimer and any expiration date specified in the terminal disclaimer; and
- (iv)
- (A) Any circumstances during the prosecution of the application resulting in the patent that constitute a failure to engage in reasonable efforts to conclude processing or examination of such application as set forth in § 1.704 ; or
- (B) That there were no circumstances constituting a failure to engage in reasonable efforts to conclude processing or examination of such application as set forth in § 1.704 .
- (c) Any request for reinstatement of all
or part of the period of adjustment reduced pursuant to §
1.704(b)
for
failing to reply to a rejection, objection, argument, or other
request within three months of the date of mailing of the Office
communication notifying the applicant of the rejection, objection,
argument, or other request must be filed prior to the issuance of
the patent. This time period is not extendable. Any request for
reinstatement of all or part of the period of adjustment reduced
pursuant to §
1.704(b)
under
this paragraph must also be accompanied by:
- (1) The fee set forth in § 1.18(f) ; and
- (2) A showing to the satisfaction of the Director that, in spite of all due care, the applicant was unable to reply to the rejection, objection, argument, or other request within three months of the date of mailing of the Office communication notifying the applicant of the rejection, objection, argument, or other request. The Office shall not grant any request for reinstatement for more than three additional months for each reply beyond three months from the date of mailing of the Office communication notifying the applicant of the rejection, objection, argument, or other request.
- (d) No submission or petition on behalf of a third party concerning patent term adjustment under 35 U.S.C. 154(b) will be considered by the Office. Any such submission or petition will be returned to the third party, or otherwise disposed of, at the convenience of the Office.
[Added, 65 FR 56366, Sept. 18, 2000, effective Oct. 18, 2000; para. (c)(2) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; para. (d) revised, 69 FR 21704, Apr. 22, 2004, effective May 24, 2004; paras. (d) and (e) removed, para. (f) redesignated as para. (d), and paras. (a), (b) introductory text, and (c) introductory text revised, 78 FR 19416, Apr. 1, 2013, effective Apr. 1, 2013 (adopted as final, 79 FR 27755, May 15, 2014)]
[ *The changes to paras. (a)-(f) effective Apr. 1, 2013 are applicable to any patent granted on or after Jan. 14, 2013. See § 1.705 (pre‑2013‑04‑01) for paras. (a)-(f) in effect with respect to applications granted prior to Jan. 14, 2013.]
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| MPEP Section | Rules |
|---|---|
| MPEP § 1002.02(b) | |
| MPEP § 2730 | |
| MPEP § 2732 | |
| MPEP § 2733 | |
| MPEP § 2734 | |
| MPEP § 2736 |